Loading...
HomeMy WebLinkAboutMinutes-05-23-72-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 23, 1972 T A B L E O F M I N U T E A C T I O N S SUBJECT: Presentation of Ten Year Pin to 0. J. Bergman Presentation to Public Works Employees of the Year Presentation of Certificates for completion of course in Municipal Public Works Administration Resolution #2684, Ordering Annexation to Downey City Lighting District (Annex. 72/1 thru 72/11) Comm. from City of Lakewood re Resolution Urging Add°1 State Financial Aid to School Districts Comm. from Public Utilities Comm. re General Telephone Rate Increase Comm. from Pasadena Tournament of Roses Assn. re Req. for entering l/l/73 Rose Parade Proposed Planned Unit Development Ordinance Legal Claims (for information only) Ref, #057, Gerald Sesslin Ref. #058, Richard Gonzales Ref. #059, Donna Padilla Legal Claims (for Council action) Ref, #053, Joel C. Villasenor Ref. #054, Betty J. Villasenor Ref. #055, Betty A. Villasenor Ref. #056, Baby Villasenor Ordinance #420, Amending DMC Adding Sec. 6270 Relating to Licensing of Massage Parlors Ordinance#421, Amending Sec. 6250 DMC which said Section Relates to Junk Collection Resolution Urging Support for Senate Bill 262 Relating to Formation of New Counties Resolution #2685, Honoring James L. Stamps Resolution #WS-792 (B Warrants) Resolution 4PWS-793 (Payroll) CC #313, Annual Miscellaneous Sidewalk Const. - Specifications & authority to advertise Slurry Seal Map CC #292, Slurry Seal - Award of contract CC #307, Cave1 St. E/o Patton Rd. - Award of contract CC #309, Tree Removal, Various Locations - Award of contract ACTION: Adopted Received & filed Received & filed Mayor authorized to execute application Study session set for 5/26/72 No action Denied Adopted Adopted Deferred to next Meeting Adopted Adopted Adopted Approved Request by Councilman Morton Approved Approved Approved CC #310, Yankey St. & Horley Ave. W/o Rives Ave. - Award of contract Approved CC #SS-239, Unit 2, Seventh St, - Acceptance of improvements Approved Page 1 of 2 PAGE NO. 1 1 1 2 2 2 2 3 3 3 3 4 4 4 5 5 S 5 5 5 6 6 6 COUNCIL MINUTES 5/23/72 TABLE OF MINUTE ACTIONS SUBJECT: CC #SS-256, Florence Ave. - Acceptance of improvements & extra work CC #302, Pipelining of Water Mains - Acceptance of improvements CC #308, Alterations to Building & Safety (Dept, - Rejection of bids CC #308, Alterations to Building & Safety Dept. - Allocation of funds Assessment Dist. #117-P, Adoree St., et al - Auth. Dept. Public Works to proceed with plans & Estimates; retention of legal counsel; & transfer of funds Discontinuation of Traffic Signal Operations Bellflower Blvd. at Heliport Entrance (1200v N/o Imperial Hwy.) Paving Matching Funds Pedestrian Safety Program Aerial Photography Contract - Award R/W Acquisition A-4006, 11012 Woodruff Ave. R/W Acquisition A-1455, 11916 Pomering Rd. -,Apartment Survey Committee - Recommended appointment of seven members Downey Christmas Parade Committee Agreement - Authorize Mayor to Sign Downey -Los Angeles County Heliport Use Agreement - Authorize Mayor to sign Appeal to Planning Commission Conditions on Tr #24092 Appeal to Conditions on Lot Split #568 Song composition, "Downey California, Zip 90240" Payment of City Funds for School and Class Time by City Employees Planning Commission communication re decisions & recommendations on zoning cases Cityos high cost in Telephone Bills General Plan Damage to City Vehicles Page 2 of 2 ACTION: Approved Approved Approved Approved Approved Approved Approved Approved Authorized Authorized Approved Approved with recommended modification Approved with recommended modifications PAGE NO. 6 6 7 7 7 7 8 8 8 8 9 10 10 Subdivider to deposit cash bond; dedicate access rights & install sidewalks 11 Denied 12 Referred to J. Ferris, City Attorney & City Manager for continued study No action Request by Councilman Morton that applicants be notified in advance Request for recommendation Request for review, Dist. 3 & 4 Appointment of member to review committee 12 13 13 13 13 13 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 23, 1972 The City Council of the City of Downey held a regular meeting at 8:00 a.m., May 23, 1972, in the Council Chamber of the Downey City Hall, Mayor Donald H. Winton presiding. PRESENT: Councilmen: Jennings, Morton, DiLoreto, Temple, Winton ABSENT: Councilmen: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Mark Allen, Acting City Attorney Ervin Spindel, Director of Public Works Richard D. Patton, Director of Finance William A. Goggin, Director of Planning James D. Ruth, Director of Parks & Recreation Ray Lake, Director of Building & Safety Joseph R. Guthrie, Captain, Police Department Donald Warren, Deputy Fire Chief Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk Judy McDonnell, Executive Secretary The invocation was led by Rt. Reverend Percival R. Henkelman, Moravian Church of Downey, followed by the Flag Salute led by Councilman Temple, Mayor Winton commented it is hoped that the trip of President Nixon to the Soviet Union will result in peace throughout the world and better relations with all Nations. With the assistance of Councilman Morton, Finance Director Richard Patton and City Clerk Robert Shand, Mayor Winton presented a Ten Year Award pin to 0. J. Bergman, Chief Accountant, With the assistance of Public Works Director Ervin Spindel, Mayor Winton presented certificates to Mrs. Helen Hynes, Executive Secretary in the Administrative Division, and Mr, William Ralph, Associate Civil Engineer in the Engineering Division, who were selected as Public Works Employees of the Year. With the assistance of Public Works Director Ervin Spindel, Mayor Winton presented certificates to Mr. Ross Morrow, Junior Civil Engineer, and Mr, Tom Hemphill, Research Assistant, for completing a course in Municipal Public Works Administration at California State College in Los Angeles. Mr. Spindel commented that the course was given in con- junction with the American Public Works Association and requires 24 hours of class time. Mayor Winton declared that this is the time and place for the public hearing on Downey City Lighting District Annexation 72/1 through 72/11. He inquired of the City Clerk if he had the Affidavit of Posting of Notice and Affidavit of Publication, and the City Clerk responded in the affirmative, It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to receive and file the Affidavits. Mayor Winton inquired of the City Clerk if he had received any written protests or objections against the Annexation, and the City Clerk replied he had not, Mayor Winton inquired if there was anyone present who wished to speak in protest to the Annexation, and there was no response. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the ^`following vote to close the hearing on Downey City Lighting District Annexation 72/1 through 72/11. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 5/23/72 -1- RESOLUTION N0, 2684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THE AREA UNTIL JANUARY 31, 1983 (ANNEXATION 72/1 THROUGH 72/11) The Resolution was read by title only. It was moved by Councilman Morton, seconded -- by Councilman Temple, and so ordered to waive further reading, It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No, 2684. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from City of Lakewood regarding Resolution Urging Additional State Financial Aid to School Districts, It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to receive and file. Communication from Public Utilities Commission regarding General Telephone Company Rate Increase, It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to receive and file. Communication from City of Bellflower regarding Levying of Uniform Sales and Use Tax, Ordered filed, Communication from Law offices of Soll & Patrusky, regarding Ray Vara, Song Composition, City Clerk Robert Shand indicated Mr. Vara will be present at the time of oral communications, Communication from Pasadena Tournament of Roses Association regarding Request for -Entering 1/1/73 Rose Parade, It was moved by Councilman Morton, seconded by Councilman DiLoreto, and passed by the following vote to authorize the City Manager to execute the application, AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES; 0 Councilmen: None ABSENT: 0 Councilmen; None Communication from Mr, Al Springer regarding Resignation from Personnel Board, Mayor Winton made a statement incommendation of Mr, Springer°s services to the City. He said Mr. Springer was very conscientious in his duties and obligations to the City as a citizen and responded each time he was called upon, Councilman Morton reiterated the statement of Mayor Winton and said it was a pleasure to have worked with Mr. Springer as a committee of two in a review and analysis of applicants for City Manager, He stated Mr. Springer led the Personnel Board over the years in extensive budget studies each year when personnel matters were discussed, Councilman Morton urged the City Council to extend to Mr. Springer a commendation for his outstanding citizen service. Communi.cati.on from City Planning Commission regarding Tentative Tract #24092, Julius Avenue and Sarabeth Street, At the request of Councilman Jennings, this matter was held over until. later in the meeting. '.. Communication from City Planning Commission regarding Planning Resolution #133, Re- questing City Council to Amend the Downey Municipal Code by Adding Section 9136 re Planned Unit Development, Mayor Winton inquired of the City Clerk if copies of the resolution were available, As of May 23rd, none of the Council members had received copies, City Manager Thompson reported that copies had been distributed just this morning for introduction in the form of an ordinance. After inquiries by the City Council, City Manager Thompson explained that he has submitted recommendations and changes to the proposed Planned Unit Development Ordinance that are separate and apart from the recommendations of the Planning Commission, Council Minutes 5/23/72 -2- Acting City Attorney Mark Allen stated that the City Council has before it a Planning Commission Resolution recommending certain changes in the Code relating to Planned Unit Development and the City Manager's recommendation for further changes. He said it appears the matter will require a public hearing before the City Council. It was moved by Councilman Jennings and seconded by Councilman Morton to introduce for the record the proposed Ordinance relating to Planned Unit Development. Council discussion followed regarding the setting of a study session open to the public. Councilman Jennings requested that no evidence be accepted at the public study session. There being no objections, a study session on the Planned Unit Development Ordinance was set for 4:30 p.m., May 26, 1972, in the Council Chamber of the Downey City Hall. The Directors of Planning and Public Works were requested to be present at the study session. Mayor Winton explained that the City Council will be recessing this meeting to 5:00 p.m. for a budget session and will adjourn the recessed portion of this meeting to 4:30 p.m., May 26, 1972, for the study on Planned Unit Development, LEGAL CLAIMS (for information only) Ref. #057, Gerald Sesslin Ref. #058, Richard Gonzales Ref. #059, Donna Padilla Referring to the proposed Planned Unit Development Ordinance, Councilman Morton with- drew his second to introduce, inasmuch as the City Council has set a study session on the matter, Acting City Attorney Mark Allen explained that the City Council may introduce the Ordinance prior to the hearing, or it may introduce the Ordinance after the hearing. He said the City Council might prefer to complete the study session prior to introduction, however, that would depend on the policy the City Council has determined. Councilman Jennings stated he would withdraw his motion to introduce. He said he is in agreement that the study session should be held first. On behalf of the City Council, Mayor Winton welcomed Mr. Kelner and a group of Downey High School students. Mr, Kelner stated that he is a student teacher and there are two special education classes attending this meeting. He introduced the teachers, Mr. Morrissey and Mrs. Garland, LEGAL CLAIMS (for Council action) Ref. #053, Joel C. Villasenor Ref. #054, Betty J. Villasenor Ref. #055, Betty A. Villasenor Ref. #056, Baby Villasenor It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to deny the legal claims of Joel C. Villasenor, Betty J. Villasenor, Betty A. Villasenor, and Baby Villasenor. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORDINANCE NO. 420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING THERETO SECTION 6270 RELATING TO LICENSING OF MASSAGE PARLORS The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Ordinance No. 420. Council Minutes 5/23/72 -3- AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORDINANCE NO. 421 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6250 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO JUNK COLLECTION -- The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Ordinance No. 421. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING SUPPORT FOR SENATE BILL 262 RELATING TO THE FORMATION OF NEW COUNTIES The Resolution was read by title only, Mayor Winton explained there would be significant changes in the State Constitution relative to the creation of new Counties and would make it far more compatible to Cities who have mutual interest and may be considering the formation of a new County, Councilman Morton stated the wordage of Senate Bill 262 may not be broad enough to permit Downey to join with other local Cities in the area for the formation of a separate County. It was explained by City Manager Charles Thompson that under the old law, a City within five miles of the City line in which the County seat is located cannot be part of another County. This would be changed to five miles from. the building in which the County seat is located, He said there would be a reduction in the number of signatures required on a petition for .formation, that a Ccun.ty formation would require at least 7.50,000 population, and the formation would be exempt from submittal to LAFCO. There being no objections, the matter was deferred to the next City Council meeting, RESOLUTION NO, 2685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY HONORING JAMES L. STAMPS The Resolution was read in its entirety. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 2685. Councilman Jennings requested that the Resolution be delivered to Mr. Stamps by the City Manager and Director of Parks d Recreation. Councilman Morton requested that Mr. Stamps` title of Mayor Emeritus be reflected in _the Resolution. AYES: 5 Councilmen: Jennings, Morton„ DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION N0, WS--792 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 19150 - 19741, $237,990.16) Council Minutes 5%23/72 -4- The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. WS-792. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-793 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 50363 - 50880, $207,555.78 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. WS-793. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Cash Contract #313, Annual Miscellaneous Sidewalk Construction Councilman Jennings inquired whether the property owners pay on a City estimate or on actual quantity of bid prices. Public Works Director Spindel replied they pay on the actual quantities of the specified amount. He said each year the City Council is re- quested to set a matching fund cost for the citizens which would be about half of what the bid price is, and then after calculating the square footage of sidewalk, the property owner pays that amount. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to approve the specifications and grant authority to advertise for bids on Cash Contract #313, Annual Miscellaneous Sidewalk Construction, for the construction of sidewalks at various locations throughout the City. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Morton requested that the Director of Public Works make available to the City Council in the future a map showing each Councilman the Slurry Seal that has been affected in the City since the beginning of the Slurry Seal Program so that each Councilman will know what has been done in his District and what has to be done. Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to award Cash Contract #292, Slurry Seal, in the amount of the unit prices bid, to Chamber -Mix Concrete, Inc. of Stanton, the lowest and best bidder, and reject all other bids. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to award Cash Contract #307, Cave1 Street East of Patton Road, in the amount of the unit prices bid, to A. W. S E. R. Baker of Baldwin Park, the lowest and best bidder, reject all other bids, and waive the irregularity of the bid bond. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 5/23/72 -5- Cash Contract #309, Tree Removal, Various Locations Responding to a question by Councilman Jennings, Public Works Director Spindel stated if the City were to purchase a stump grinder, in some cases tree removal would still have to contracted for. He said if the City is involved in an extensive root pruning program and didn't have enough time to grind all of the stumps, then stump grinding would be included in the bids. Discussion followed regarding the cost for stump grinding, Mr. Spindel explained the estimate would be one-half hour per tree on stump grinding at $15,00 per hour for — 132 trees, or a total of 66 hours. He said if the stump grinding goes over the estimate the matter would have to come back before the City Council for additional authorization. Further discussion followed, Mr. Spindel explained that the actual unit price under specification includes stump grinding for 132 trees, and the $15,00 per hour is for additional stump grinding. He said the additional stump grinding would be in the case where a tree is removed by City forces and stump grinding is desired, which can be done under the terms of the contract. Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to award Cash Contract #309 Tree Removal, Various Locations, for the removal of trees at various locations including stump grinding, to Quick Tree Service, in the amount of the unit prices submitted in the bid proposal, and reject all other bids, AYES: 5 Councilmen; Jennings, Morton., DiLoreto, Temple, Winton NOES: 0 Councilmen, None ABSENT: 0 Councilmen: None Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Morton., and passed by the following vote to award Cash Contract 9k310, Yankey Street and Horl.ey Avenue West of Rives Avenue„ in the amount of the unit prices bid to Moses Galluzzo of Santa Ana, for construction of street improvements, and waive the irregularity of the bid bond.. AYES: 5 Councilmen; Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen,. None ABSENT: 0 Councilmen; None Cash Contract #SS-239, Unit 2, Seventh Street Public Works Director Spindel explained that wheel chair ramps are presently being designed to fit the widthof the parkway„ He sa-d under the passage of a new Bill, wheel chair ramps are to be put im on all new construction. Responding to a question by Councilman DiLoreto, City Manager Thompson explained that this contract was awarded prior to any knowledge of passage of the Bill and, therefore, the wheel chair ramps will be put in under separate contract, It -eras moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract kSS-239, Unit 2, Seventh Street, and the responsibility for maintenance thereof. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen,. None 1t was moved by Mayor Winton, seconded by Councilman Temple, and passed by the following vote to approve extra work and accept the improvements completed in conjunction with Cash Contract #SS-256, Florence Avenue, and the responsibility for maintenance thereof, AYES; 5 Councilmen: .Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None it was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to accept the improvements constructed under Cash Contract #302, Pipelining of Water Mains, and responsibility for maintenance thereof, Council Minutes 5/23/72 -6- AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote that on the basis the bids were 58% over the estimated cost to reject all bids on Cash Contract #308, Alterations to Building & Safety Department, Responding to a question by Councilman Jennings with regard to proceeding with this matter on a time and materials basis, City Manager Thompson stated it would be his recommendation to the City Council that authorization be given to proceed on a time and ;materials basis not to exceed the allocated sum of $12,000. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Responding to inquiries of the City Council, City Manager Thompson said plans would have to be arranged to eliminate the possibility of expending the $12,000 allocation with only three -fourths of the work done, and there is a possibility that some of the work could be done by City personnel, With regard to the work done by City personnel, he said most of the work would be during regular hours with the possibility of a small amount of comp time. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to approve the allocation of $12,000 from Unappropriated Reserve - General Fund into the Capital Improvement Fund, Account #10-13887, on a time and materials basis, on Cash Contract #308, Alterations to Building & Safety Department. In seconding the motion, Councilman Morton requested that he be supplied with a listing of all comp time that is used on time and material and who uses it. Councilman DiLoreto requested that City personnel be utilized as much as possible, AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared a recess at 9:10 a.m. The meeting resumed at 9:27 a.m., with all Councilmen present. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to authorize the Department of Public Works to proceed with prepara- tion of detailed plans and estimates for Assessment District #117-P Adoree Street, et al; authorz:ze the retention of Burke, Williams & Sorensen as Legal counsel; and approve the following transfer of funds: Amount From To $3,600 Unappropriated General Fund A/C #81 14433 balance (A/C #10 271) $3,000 Gas Tax Surplus (Fund 27) A/C #27 11333 AYES- 5 Councilmen.: Jennings, Morton, DiLoreto, Temple, Winton. NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Morton commended Councilman Jennings for setting up the Assessment District, Following discussion, it was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve of the discontinuation of Traffic Si na1 0 °ration, Bel If lower Boulevard at Heliport Entrance (1200 feet north of Imperial Highway), until such time as local conditions warrant its reuse, AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSE'.AT: 0 Councilmen: None Council Minutes 5/23/72 -7- It was moved the following vote locations: P.M.F. 153 154 155 AYES: 5 NOES: 0 ABSENT: 0 by Councilman Jennings, seconded by Councilman Morton, and passed by to consider applications for Paving Matching Funds at the following Address 8103 Cheyenne Avenue 8116 Cheyenne Avenue 13005 Downey Avenue (Cheyenne Ave, frontage) Total Estimated City Cost Councilmen: Jennings, Morton, DiLoreto, Temple, Winton Councilmen: None Councilmen: None Pedestrian Safety Program Aerial Photography Contract Estimated City Cost $ 70.00 60.00 100.00 $ 230.00 The Director of Public Works displayed samples of the aerial photographs. For the benefit of the visiting students, Mayor Winton explained the Pedestrian Safety Program. He said the procedure is lengthy and it takes time to establish a pro- gram such as this to carry out all of the necessary steps for awarding the contract for aerial photography. Public Works Director Spindel answered questions of Councilman DiLoreto regarding the cost for the aerial photography as well as the upgrading of Planning Department aerial photography records. Following a summation of bids, it was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to award Pedestrian Safety Program Aerial Photography Contract to Teledyne Geotronics of Long Beach, the lowest and best bidder, and to reject all other bids. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES, 0 Councilmen: None ABSENT; 0 Councilmen: None It was moved by Councilman Morton and seconded by Councilman Jennings to authorize Right -of -Way Acquisition A-4006, in exchange for improvements at 11012 Woodruff. Avenue. Public Works Director Spindel answered questions of the City Council. In response to a statement that the City has acquired several other properties in this area, Councilman Jennings inquired if it would not be better to wait and improve the entire block as a unit. Councilman Morton replied it is better to take advantage of the right-of-way acquisition when the property is made available. Councilman Jennings inquired regarding the fact that the value of the land is more than the cost of the improvement and whether or not the property owner should be reimbursed. Councilman Morton explained that even though the property owner is dedicat- ing property worth more than the improvements, he ends up with property that is worth more on the open market after the improvement. Discussion ensued, Roll call vote: AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to authorize Right -of -Way Acquisition A-1455, in exchange for improve- ments at 11916 Pomerinz Road. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 5/23/72 -8- Mayor Winton reviewed the progress of the Apartment Survey Committee to date, Councilman DiLoreto stated the committee has discussed the implemention of a committee to undertake the work recommended. He proposed, subject to Council approval, that the committee be composed of seven members, two to be selected by Councilman Temple, two to be selected by Councilman DiLoreto, and one member to be selected by each of the three other Councilmen, Mayor Winton inquired whether organizations had been considered, as well as the School District. Councilman Temple replied that Mrs. Betty Kilpatrick has volunteered to provide input data for the report insofar as the School District interests are involved, Councilman Morton stated it is his understanding that each Council member would make a selection of a member to the committee and Councilmen DiLoreto and Temple would then each appoint another member, making up a total of seven committee members. He said if his understanding is correct, he would move that the recommendation be adopted. Mayor Winton stated he would so order if no objections. Councilman Jennings stated his objection and questioned whether, under Democratic law, a minority can have the privilege of selecting a majority to serve on a committee which could, although not anticipated, result in "stacking" of a committee. Councilman Morton said he made his motion relying on the.intetrity of the two Councilmen that made the recommendation and in anticipation that the two Councilmen would conduct the committee so as not to result in "stacking". Councilman Jennings agreed with Councilman Morton, but he said he thought the theory was wrong, Mayor Winton stated if he thought anything on the committee was amiss that he would delineate or change the committee structure if he felt it was necessary, Mayor Winton seconded the motion to adopt the recommendation. Roll call vote: AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES:_ 0 Councilmen: None ABSENT: 0 Councilmen: None Discussion followed regarding a moratorium on apartment development. Councilman Temple suggested a temporary moratorium and asked for opinions from the other Councilmen. Councilman DiLoreto questioned the legal affect of a moratorium. Acting City Attorney Allen stated that under the State Planning Act, a moratorium cannot extend for more than 90 days; that one year can be added after a hearing has been conducted, plus one more year, adding up to a 27-month extension that would require public hearings on the question of a moratorium. He said if the Council intends to pro- ceed with a moratorium it should conduct a hearing within 90 days to determine if a moratorium will be imposed. Further discussion followed, Mayor Winton inquired if a motion was desired on a moratorium. No motion was made. He said the City Council would continue on the same course as at present regarding Zone Exceptions, Mayor Winton reviewed the request of the Downey Board of Realtors to address the City Council regarding the Survey and the moratorium. He called upon Mr, Lee Bucholz, Realtor, to address the City Council, Mr, Lee Bucholz spoke on use of a moratorium for apartment buildings. He said a complete halt in apartment construction would penalize owners of properties currently zoned for that purpose, and a moratorium on multi -use property denies owners the benefits of which they have been paying, Mr. Bucholz stated the developers would simply seek property in another city to construct apartments, and he suggested that higher standards of construction be imposed rather than flatly refusing permission to build. (A copy of Mr, Lee Bucholz° letter is on file in the office of the City Clerk and is made a part of these Minutes.) Mayor extended his appreciation to the Apartment Survey Committee for its efforts in preparing the Survey Report, He said the Committee will be comprised of seven members as recommended, Council Minutes 5/23/72 -9- The Downey Christmas Parade Committee Agreement was reviewed by Mayor Winton. Councilman Morton stated he has studied the proposed agreement with an eye to seeing that local talent had an opportunity to participate in the parade. He said the agreement attempts to accomplish that purpose. It was moved by Councilman Morton and seconded by Councilman Temple to approve the Downey Christmas Parade Committee Agreement and authorize the Mayor to sign. Councilman Morton stated he would assume that the money for the parade to be contri- buted by the City will be limited to whatever will be approved in the new 1972-73 budget for that purpose. Referring to Article 3, Page 4, of the Agreement, Councilman Jennings questioned the fact that the agreement is for an indefinite period of time rather than an annual agree- ment. Responding to Councilman Jennings' question, Councilman Morton suggested that Article 3, Page 4, which refers to the indefinite term, include "subject to the availability of funds appropriated by the City Council." Discussion followed regarding the period of the agreement for the Christmas Parade. Rather than draft a new agreement each year, it was pointed out by the City Manager that a 90-day clause existed for controlling the extension or termination of the agreement. He said money to be available shall be as determined by the City Council as it sees fit when approving the budget each year, The Mayor was authorized to sign the Christmas Parade Agreement with the recommended modification, Roll call vote: AYES: 5 Councilmen: Jennings, Morton, Di Loreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton reviewed the Downey -Los Angeles County Heliport Use Agreement, which is to facilitate the use of a helicopter in providing service in the coming Primary Election being conducted by the County Registrar of Voters at the Downey facility. He inquired about a flight pattern clause. City Manager Thompson said this was covered in a letter to the County, however, it is not included in the agreement. He said the agreement was requested for the sole purpose to provide that the County hold the City harmless from any liability. Mr. Thompson suggested adding sub -section 4 to Page 4 of the agreement, as follows: "4. The County shall observe flight patterns established by the City.°° Acting City Attorney Allen recommended that paragraph 3, Page 2, which reads, "Co°,:nty shall indemnity, hold harmless, and defend City against liability for any alleged willful or negligent acts of County's employees or agents occurring in the course of County^s use of said heliport," be modified to read, "County shall indemnity, hold harm- less, and defend City against any liability arising out of County°s use of said heliport." It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to authorize the Mayor to sign the Downey -Los Angeles County Heliport Use Agreement with the recommended modifications. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared a recess at 10:18 a.m. The meeting resumed at 10:35 aim., with all Councilmen present. Mayor Winton read a letter from Mr. L. P. Leavitt _Appealing Planning Commission Conditions on Tract #24092 relative to improvement of Laura Street and requirement for sidewalk construction, and also Appealing Conditions in Lot Split #568 requiring sidewalk construction. Councilman Jennings commented on an additional communication from the Planning Commission regarding the conditions for Tract #24092. He asked for an explanation from Council Minutes 5/23/72 -10- the Planning Director as to why such conditions in the communication were not already a part of the original conditions in Tract #24092 and also if the subdivider had seen the communication. Planning Director Coggin explained to the City Council the purpose of the communica- tion by use of tract maps. Mr, L. P. Leavitt, 9724 Blandwood Street, stated the reason for the appeal of conditions on Laura Street is that the street is presently unimproved on the south side, and at the present time only three out of ten property owners have dedicated the right-of-way. He said there would be problems with the improvement, inasmuch as the existing power line runs along the center of the street. Mr. Leavitt stated the street is in poor condition, and to improve the south side would mean the north side would have to be reconstructed. He referred to the value of the homes in this area and the fact that it was intended to keep this area aloof from the rest of the area, isolated from both pedestrian and vehicle traffic. Mr. Leavitt said the loss in the cost to the developer in extending Julius Street would create the question of whether or not the development would be financially feasible. He stated to extend Julius Street in this area would be detrimental not only to the developer but to the homeowners already living there. Mr. Leavitt stated further that he was not advised until this meeting of the Planning Commission's recommendation that Julius Street be extended. Councilman DiLoreto voiced displeasure to the fact that Mr. Leavitt was not made aware of the Planning Commission's decision. Mayor Winton commented that the Planning Commission does have the right of forward- ing information to the City Council for consideration at the time of its decision, and this was done. He said, however, Mr. Leavitt should have been notified by mail. City Manager Thompson said that Mr. Leavitt and the property owner discussed with him the possible conditions for the Tract more than a week ago, and although Mr, Leavitt was perhaps unaware of a memo from the Planning Commission to the City Council, he was, nevertheless, aware of the pending situation. Discussion followed regarding details on the tract map. Mr, Robert Beagle, 8433 Cavell Street, Downey, the developer representing the owner, Mr. Yankey, addressed the City Council and commented on the disadvantages of putting in sidewalks on Laura Street, as is proposed for the subdivision. He referred to other areas in the City where sidewalks were detrimental rather than advantageous. Planning Director Coggin spoke of the pedestrian routes to and from school. He said the extension of Julius Street would not be detrimental to the area. Public Works Director Spindel said the extension of Julius Street would be a great aid to the traffic circulation in the area. He recommended the improvement of Laura Street. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote that the subdivider be required to deposit a cash bond on which he will receive interest for the improvement of Laura Street; that the cash bond be held until such time as an assessment district is formed along the south side of Laura Street; that access rights be dedicated along the south side of Laura Street; and that sidewalks be installed within the proposed subdivision. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Public Works Director Spindel answered questions of Mr. Leavitt regarding the amount of the cash bond deposit. Councilman Jennings asked that the Planning Commission and Department of Public Works consider narrowing the south side of Laura Street to assist in obtaining the assessment district and to deepen the lot for the subdivider. Planning Director Coggin commented that the appeal to Lot Split 568 should be con- sidered and concerns two existing lots in the tract presently developed. He said Council Minutes 5/23/72 -11- approval was given for the reduction of 25 feet in lot 2 to be added to lot 1. Mr, Goggin stated the lots will subsequently be redivided to create four lots, and one of the conditions was sidewalks, which is being appealed. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to deny the appeal of the condition regarding sidewalk construction on Lot Split 568. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: City Manager Charles Thompson stated no detailed presentation of the budget will be - 'made at this time. He said the budget is presented for the file and for the establishment of the setting of a hearing date. Mr. Thompson commented that included in the notes is the Capital Improvement program on all funds. Councilman Jennings stated that the presentation of budget material at this time does not indicate approval or disapproval of the budget by the Budget Committee made up of Councilmen Jennings and Temple. Mayor Winton requested the Councilmen study the budget submitted by department heads and to submit any desired changes or comments to the budget committee as soon as possible so as to enable the Budget Committee to conclude its study and submit its recommendations to the City Council. He expressed appreciation to the Budget Committee for its long hours of work in preparing the budget, and he also extended his appreciation to the Staff and the City Manager in getting the budget to the stage that it is already. Planning Director Goggin reported that a study session on the General Plan is scheduled for May 30th, at which time the Planning Commission will review all of the recommendations and suggestions of the City Council and make any changes or alterations. He said the Commission: at its June 7th meeting should give its approval and send the General Plan back to the City Council for the June 12th meeting. Mayor Winton requested that the map on the General Plan contain four -inch lettering saying, "This is not a Planning Map." ORAL COMMUNICATIONS Mr, Arthur Soll, Attorney, 6380 Wilshire Boulevard, appeared on behalf of Mr. Ray Vara regarding his song composition, "Downey California, Zip 90240." Mr. Soll reviewed the progress to date wherein the City of Downey has indicated its interest in the song. A tape recording of the song was played for the City Council. City Manager Thompson reported that he had conferred with the City Attorney regarding this matter prior to his vacation departure. Mr. Soll discussed the royalties and potential revenue to the City. Councilman Morton stated that unless there are objections by the City Council, he would request that former Mayor and Councilman Joseph Ferris continue to study this matter along with the City Attorney and City Manager and bring a recommendation back to the City Council. So ordered. Responding to an inquiry of Councilman DiLoreto, Councilman Morton stated the City Council did vote to take the matter under study. He said, however, the question of whether or not the City would put up the funds to promote the song was one of the things that was being studied. Councilman Morton commented that no commitment as to funds has been made by the City. Mr. Wendell Wiser, 10921 Paramount Blvd., congratulated Mayor Winton on his re- election to the City Council and inquired on the status of the Recreational Vehicle Ordinance that has been under study. Mayor Winton replied that the recommendation of the Council Committee was Left open so that anyone who desired could pick up a copy of the proposed Ordinance from the office of the City Clerk. He said to date there has been Little response. Mayor Winton ex- plained it was his decision as of this date not to call the committee back together. He said he disbanded the committee, indicating he thought there would be new members elected to the City Council, and after the election would give consideration to another committee. Mayor Winton commented that 35 copies of the proposed Ordinance has been handed out to the public. Council Minutes 5/23/72 -12- Mrs. Leslie Moore, 8120 Priscilla, Downey, stated she is one of several people selected by 1200 recreational vehicle owners in the City to speak for them to the City Council.. She said the ordinance in question should be referred to as the Automobile Parking Ordinance, inasmuch as it applies equally to automobiles. Mrs. Moore spoke further on the matter relating to the parking of automobiles and recreational vehicles on private property. Councilman Morton commented regarding the Payment of City Funds for School and Class Time by City Employees. He said there has been a possibility of some employees taking courses not directly related to their job assignment. Councilman Morton referred to a report that did not contain the name of one individual previously reviewed and a subse- quent report that did contain the name of the individual. He said it is his understanding of the City policy that the City will pay for educational reimbursement when it is related to a person's job, and this matter will be discussed during budget sessions. Referring to an item discussed earlier in the meeting wherein it was stated by Mr. Leavitt that he was not apprised of the Planning Commission's decision and recommendation to the City Council, Councilman Morton stated he was satisfied that Mr. Leavitt had knowledge of what was discussed by the Commission prior to the recommendation. He said in a case where a communication is a matter of public record and is directed to the City Council, the people involved such as in a zoning case, a zone exception case, or a lot split case, should be apprised in advance of the position that the Planning Commission is taking, or the Planning Department's recommendation. Councilman Morton commented that he would take sharp exception where a communication is received and the applicant has not been afforded the opportunity to at least review the matter before appearing before the City Council or Planning Commission. He requested that when a communication comes to the City Council and is made a matter of record by the Planning Commission, that the people involved who are going to appear before the City Council be given an opportunity to review what is being recommended. Councilman Morton referred to his previous request for a review of the City's high cost in Telephone Bills and the amount of message units used. He requested that a recommendation be presented to the City Council during budget studies on 'how to start controlling these costs. " Councilman Morton recommended an extensive review of his remarks and the remarks of the Councilman from District 3 relative to the General Plan, He referred to a particular piece of property in his District on Lakewood Boulevard, wherein the property owner has requested C-H zoning, and not apartments, Councilman Morton spoke of the continuing Damage to City Vehicles and the fact that some of the damage has been caused by problems not the fault of the City driver, He stated it is his understanding there is a review committee to look at the causes and damages to City vehicles and is composed of entirely City personnel. Councilman Morton recommended the appointment of Mr. Wendell Wiser as an interested citizen to serve on the review committee, Councilman Morton was excused from the meeting at 11:55 a.m. Upon Mr. Wendell Wiser's acceptance and there being no objection, Mr. Wiser was appointed to serve on the administrative committee to review the causes and damages City vehicles. Mr, Conrad Tooey of Fullerton, California, a candidate in the 23rd Congressional District, introduced himself to the City Council and said he is attending the meeting as an observer, Councilman DiLoreto stated he had expressed an opinion for procedural changes in the way zone exception cases are handled. He inquired of the Planning Director if the changes had been implemented. Planning Director Goggin responded that the matter has been resolved. He explained further that before a hearing is closed, the Planning Department will make a recommenda- tion, and it will be a matter of policy that recommendations will be requested prior to the closing of a hearing. Mr. Goggin stated that when an applicant files his case, the Department will indicate its viewpoint at that time, and at subsequent meetings, the Department will indicate any change of opinion. He said the applicant, prior to filing his case, is informed there will be conditions, and if there are conditions, they will be available the Monday before the Planning Commission meeting. Mr. Goggin referred to the problems in reaching many of the applicants to inform them of the fact that there are conditions pertaining to their case and that is why many applicants are not aware Council Minutes 5/23/72 -13- of the conditions, if there are any. Mr. Goggin stated conditions are not made up on the denial of a case. Mr. Robert Gonzales, 12621 Dolan, Downey, member of the citizens' Recreational Vehicle Committee, stated the committee has met and discussed the proposed ordinance. He said there is still a lot of work to be done on this matter, and it is hoped that the committee can meet with someone from the City Council in the near future. Mayor Winton reported on the meetings held with the RV committee and the final recommendation made on the matter by the Council committee. He said the City Council has sat through many Council Meetings and public hearings, as well as RV committee meet- ings, and the Council committee consisting of two Councilmen came up with what it considered to be a final recommendation. Mayor Winton stated the recommendation was tendered for the RV committee's perusal and study, and he rquested that the RV committee submit a report relative to an overview of the entire final recommendation back to the Mayor's Office. He said after he has received the committee's report, he will again appoint a Council committee for further meetings on the matter. Responding to Mr. Gonzales' suggestion that Councilman DiLoreto be appointed to the Council committee, Mayor Winton stated that until such time as he receives the RV committee's report he does not anticipate appointing anyone to a committee. He said the new Councilmen have been apprised of the proposed ordinance. Mayor Winton stated the City Council joins with him in their prayers that City Clerk Robert Shand's son will soon recover from injuries sustained in a recent automobile accident. Mayor Winton declared a recess at 12:10 p.m., to reconvene at 5:00 p.m., in the Council Chambers of the Downey City Hall. ROBERT L. SHAND, CITY CLERK DONALD H. WINTON, MAYOR Council Minutes 5/23/72 -14-